Jump to content

A'lamiyya of Wali al-Faqih

From Imam Khomeini Wiki

A'lamiyya of Wali al-Faqih, Imam Khomeini, like many jurists, did not consider A'lamiyya a condition for the Wali al-Faqih, and believes that jurisprudence (fiqaha) along with other conditions is sufficient to hold this position.

Conceptology

The most learned (a'lam) is someone who knows the rules and evidence of a juristic issue better, has more information about similar issues, is more aware of the traditions (akhbar), presents a better understanding of them, and ultimately has a better deduction.[1] Imam Khomeini has not provided an independent definition of the most learned and has accepted this same definition. That is, he believes that the most learned is a jurist who is stronger and superior to other mujtahids in terms of knowledge and deduction of sharia rulings.[2] In his practical treatise, he also explicitly states that he must be the most learned among other mujtahids, meaning he must be more masterful than all the mujtahids of his time in understanding the command of God.[3]

Viewpoints

Among the important discussions regarding the conditions of the Wali al-Faqih and the Islamic ruler is whether, in addition to jurisprudence, a'lamiyya in fiqh is also a condition or not? In other words, must the Islamic ruler and Wali al-Faqih be someone who is stronger and superior to other jurists in terms of the power of deducing sharia rulings and jurisprudence, or so-called a'lam in fiqh, or is such a condition not necessary for the Wali al-Faqih, and possessing the mere principle of ijtihad is sufficient? There are two fundamental viewpoints in this regard:

A'lamiyya not being a condition

This point can be inferred from the words of some jurists, because when speaking of the affairs and positions of the jurist, while pointing out the necessary conditions, they have not spoken of the condition of a'lamiyya.[4] Sayyid Muḥammad Mujāhid, one of the teachers of al-Shaykh al-Anṣārī, believes regarding a'lamiyya in matters other than fatwa and judiciary that no clear text or statement from the jurists has been found in this regard, but from the apparent absoluteness of their words, the non-conditionality of a'lamiyya is inferred.[5]

It might be said that since a'lamiyya is a condition for the mufti and judge, it must also be a condition for the ruler (wali), because fatwa and judiciary are among the affairs of wilaya. However, viewpoints are not identical here; although some jurists, especially contemporary ones, have considered a'lamiyya a condition in fatwa, just as they have stated in the discussion of a'lamiyya in Marja'iyya, others have not considered it a condition. Among them: Al-Narāqī and the author of Jawahir, in addition to not considering a'lamiyya a condition in fatwa and judiciary, do not consider a'lamiyya a condition in political wilaya either.[6] The author of Jawahir, pointing to the narrations of appointment, reminded that the narrations do not indicate the appointment of the most virtuous (afdal), otherwise, the Imam (a) should have said "look for the most virtuous among you" instead of "look for a man among you" so that the appointment of the most virtuous could be understood from it.[7] After him, Mīrzā Ḥasan Āshtiyānī explicitly negated the condition of a'lamiyya.[8]

The accepted conduct of Shi'a jurists, including Imam Khomeini, has also been this, because in many of the ijtihad permissions they issued for individuals, after stating the certainty of the individuals' ijtihad, they clearly reminded that he can take charge of sharia affairs. (SeeAlso: اجازات امام‌خمینی) They have considered the principle of ijtihad as a sign of competence for wilaya in sharia affairs.

Necessity of A'lamiyya

Al-Shahīd al-Awwal considered a'lamiyya a condition in the Wali al-Faqih and the ruler.[9] Al-Shaykh al-Anṣārī also emphasized the necessity of a'lamiyya while criticizing the words of the author of Jawahir and believes that the proofs for the appointment of the ruler only seek to express the principle of the authoritativeness of his word and referring to him, not that these proofs negate the preference of the most learned; for example, when a patient is told to refer to a doctor, it does not mean they are permitted to refer to any doctor. On the other hand, some jurists have considered the permissibility of judgment inseparable from the permissibility of issuing fatwas; meaning someone is competent to issue a judgment who is also competent to issue fatwas. Based on this, the consensuses claimed for the necessity of the mufti being the most learned also exist for the ruler being the most learned.[10]

Imam Khomeini's Viewpoint

Imam Khomeini has accepted the first viewpoint. He did not consider the conventional a'lamiyya of the seminaries (afqahiyya) as a condition in Wilayat al-Faqih, but rather considers the "power of deduction and ijtihad" to be sufficient, and in the margin of al-'Urwa, he endorsed Sayyid Yazdī's opinion which states:

"In matters that refer to the mujtahid (for resolution), a'lamiyya is not credible, and in wilaya, a'lamiyya is not a condition."[11] In his treatise on ijtihad and taqlid, when discussing the position of government and judiciary, he also raises the question of whether absolute ijtihad is a condition or not? And he believes that the phrase "and looks into our halal and knows our rulings" in the accepted tradition (maqbula) of 'Umar b. Ḥanẓala, which placed government and judiciary upon the jurist, does not indicate generality and absolute ijtihad; meaning it is not necessary for the ruler and judge to know all the rulings and be aware and informed of them, because: Firstly: The maqbula forbids referring to unjust rulers, and the title "knows our rulings" applies to someone who knows a part of the rulings.

Secondly: The purpose of knowing the rulings in the narration is actual knowledge, and the actual knowledge of all rulings is not possible for anyone except the infallible Imam. In this case, if the establishment of the position is for someone who knows all the rulings, it would be vain, because it has no external referent.

Thirdly: Assuming the impossible, if knowing all the actual rulings were possible for a jurist, recognizing such a jurist would be difficult for us. Therefore, in the end, he concludes: "Thus, the credibility of absolute ijtihad, whether it means the faculty of absolute ijtihad or actual knowledge, has no proof; rather, the proofs are against it. Yes, there is no problem in the credibility of knowledge and awareness of everything he has undertaken."[12] Therefore, mere ijtihad is sufficient and there is no need for absolute ijtihad and, even higher, being the most learned; but he must be aware of the work he does.

Imam Khomeini also in the book Wilayat al-Faqih, where he speaks of the conditions of the ruler and the Imam, brings up justice and knowledge of the law and considers knowledge necessary for all individuals and considers the ruler the most virtuous (afdal) and writes:

"Such knowledge is necessary, however, the ruler must have scientific superiority. The Imams (a) argued for their own Imamate with these same points, that the Imam must have superiority over others."[13]

Also, where he speaks of the "conditions of the ruler in the occultation era," he considers knowledge and justice sufficient and does not speak of scientific superiority and writes:

"The same authorities and wilaya that the Prophet and the other Imams—peace be upon them—had in preparing and mobilizing the army, appointing governors and provincial heads, collecting taxes and spending them for the interests of Muslims, God has placed the same authorities for the current government, however, the person is not specified, it is based on the title of 'just scholar'."[14]

Imam Khomeini in "Kitab al-bay'" as well, in the discussion of Wilayat al-Faqih under the title "Ma yu'tabar fi l-wali" mentions the two conditions of knowledge of the law and justice, and also counts competence and ability among its conditions, and after quoting narrations, considers the government to belong to the just jurist and has considered all jurists to possess this position; but if a jurist took action to form a government, others must follow him. Therefore, the matter of wilaya and guardianship returns to the just jurist and he is the one who is competent for wilaya over Muslims, because it is obligatory for the ruler to be adorned with fiqh and justice. Thus, rising for the government and forming an Islamic state is an obligatory collective duty for all just jurists. If one of them succeeds in forming a government, following him is necessary for others, and if it is not possible except with the unity of jurists, forming a government collectively is obligatory upon them, and if this too is not possible for them, their position (wilaya over Muslims) is not lost.[15] Hence, Imam Khomeini posits the same authorities of the Prophet and the infallibles for the just scholar during the occultation era and has in no way mentioned the condition of a'lamiyya. During the revision of the constitution, Ayatollah Ibrahim Amini, the rapporteur of the "Wilayat al-Faqih" commission, says: "By repeatedly referring to Imam Khomeini's book Wilayat al-Faqih, I came to the conclusion that he did not consider a'lamiyya a condition in the jurist."[16]

One of the clear instances of Imam Khomeini's viewpoint regarding a'lamiyya not being a condition in the Wali al-Faqih is the response he gave to the head of the Assembly of Experts for the Revision of the Constitution, Ayatollah Meshkini: "From the beginning, I believed and insisted that the condition of marja'iyya is not necessary. A just mujtahid endorsed by the country's experts is sufficient."[17] And this view goes back to his very basis in the treatise of ijtihad and taqlid where, after quoting the maqbula of 'Umar b. Ḥanẓala, he writes: "The requirement of absoluteness is making absolute government, whether political or judicial, for the jurist";[18] meaning the unconditionality of the narration requires that the government, whether political or judicial, belongs to the jurist, and there is no condition more than that for the Wali al-Faqih and judge.

Political or Jurisprudential A'lamiyya

In some narrations, regardless of the strength or weakness of their chain of transmission, the terms "a'lam", "afqah", and "afdal" are seen, which have mentioned "a'lamiyya" as a condition for the Islamic ruler.[19] Here the question arises that, assuming a'lamiyya of the jurist is a condition in wilaya affairs, is a'lamiyya in fiqh the condition, or a'lamiyya in recognizing events, subjects, and political and social issues? Answering this question requires examining several points:

  • Wilaya and the leadership of society are like judiciary, which in addition to understanding the law well, requires applying it well to events too, unlike ifta' and Marja'iyya, because in ifta', objectifying the law and putting the fatwa into practice is outside the mufti's responsibility, and better deduction from jurisprudential sources is sufficient for it.
  • From the saying of Amir al-Mu'minin 'Ali (a) who said: "Indeed, the most worthy of people for this matter is the strongest of them over it and the most learned of them in the command of God regarding it;[20] the most worthy of people for wilaya is the most capable of them for it and the most learned of them in the command of God in it", it can be understood that the importance of political a'lamiyya is greater.
  • The fatwas of jurists also indicate that in delegating social affairs to the jurist, in addition to jurisprudence and justice, they have also emphasized the jurist being "more insightful and more knowing" (absar wa a'raf) [21] Just as Imam Khomeini stated: If an individual is the most learned in the customary sciences of the seminaries, but cannot discern the interest of the society or cannot distinguish righteous and useful individuals from unrighteous ones, and in general lacks correct insight and decision-making power in the social and political field, this individual is not a mujtahid in social and governmental issues and cannot take the reins of society.[22]
  • In another instance, after pointing to the conditions of the Wali al-Faqih: (knowledge of the law and justice), he considered the competence of the Wali al-Faqih as part of the condition of knowledge in its broad sense.[23] Having competence means that, in addition to scientific qualification, he can handle tasks well and is in fact capable and efficient, and possesses management power, leadership and statecraft aptitude, and correct relations with other governments.[24] In the sessions of the Council for the Revision of the Constitution, this topic was raised and discussed in detail, and many of the jurists present in those sessions were of the belief that a'lamiyya in both aspects is necessary for the Wali al-Faqih.[25]
  • The practical conduct of great Shi'a scholars has also been that in choosing the marja' and leader of the seminary, they have paid attention to intellectual power and political and social insight, and did not suffice only with a'lamiyya in fiqh (the case of choosing the great Mirza al-Shirazi to Marja'iyya and after him the choice of Mirza Muhammad Taqi al-Shirazi in this context is very telling.[26] For example, after the demise of the great Mirza al-Shirazi, seminary members asked Sayyid Muḥammad Fashārakī to accept the marja'iyya, but he refused and said: I am not worthy of this task, because religious leadership and Islamic marja'iyya, aside from a'lamiyya in fiqh, requires other matters as well; such as being informed of political issues and knowing correct positions in every task[27]With his refusal, the ground was prepared for the marja'iyya of Mirza Muhammad Taqi al-Shirazi, the leader of the Iraqi nation's jihad against the British.
  • The meaning of "a'lam" here is not only a'lam in jurisprudential rulings, but rather the meaning is "a'lam in this matter". A'lam in this matter; meaning someone who, in addition to having jurisprudence, justice and piety, is a better manager and more tactful, has complete awareness of the situation of the country and the world, knows the enemies of Islam and their tricks, and can make necessary decisions at the appropriate time. Someone who is a good teacher or a capable compiler and author, but has no awareness of politics and is not a'lam in statecraft, even if they are a'lam in devotional and transactional fiqh, cannot take the leadership of the Islamic system; because they are a'lam in fiqh, not a'lam in this matter.

Therefore, in the event of conflict among the attributes of leadership, if someone was superior in recognizing events and political and social issues or in terms of competence and capability, and was a complete Islamic politician, and in this aspect was more learned than other jurists, they have precedence over them; because the foundation of the Islamic government is this very political fiqh and political intelligence[28] and from a rational perspective as well, being a'lam in the chapters of 'Ibadat and transactions does not create any priority in assuming political wilaya.

Notes

  1. ↑ Yazdī Ṭabāṭabā'ī, al-'Urwat al-wuthqā, p. 3, issue 17.
  2. ↑ Imam Khomeini, Ta'līqat al-'Urwa, p. 8.
  3. ↑ Tawḍīḥ al-masā'il, issue 2 in the rulings of taqlid.
  4. ↑ Al-Shaykh al-Mufīd, al-Muqni'a, pp. 356 & 810; Al-Shahīd al-Awwal, al-Durūs al-shar'iyya, vol. 1, p. 269; Al-Muḥaqqiq al-Karakī, al-Rasā'il, vol. 1, p. 142; Al-Shaykh Ja'far Kāshif al-Ghiṭā', Kashf al-ghiṭā', p. 394.
  5. ↑ Mujāhid, Mafātīḥ al-uṣūl, p. 632.
  6. ↑ Al-Najafī, Jawāhir al-kalām, vol. 40, pp. 44-45; Al-Narāqī, Mustanad al-Shī'a, vol. 17, pp. 36 & 46-47 and 'Awā'id al-ayyām, pp. 529 & 536.
  7. ↑ Al-Najafī, Jawāhir al-kalām, vol. 40, pp. 44-45.
  8. ↑ Āshtiyānī, Kitāb al-qaḍā', p. 482.
  9. ↑ Al-Shahīd al-Awwal, al-Durūs al-shar'iyya, vol. 2, pp. 67 & 70.
  10. ↑ Al-Anṣārī, al-Qaḍā' al-Islāmī, transcripts of al-Shaykh al-Anṣārī's lectures by Mullā Ḥusaynqulī Hamadānī, vol. 1, p. 107.
  11. ↑ Yazdī Ṭabāṭabā'ī, al-'Urwat al-wuthqā, vol. 1, p. 25, under issue 68.
  12. ↑ Imam Khomeini, al-Ijtihād wa l-taqlīd, p. 32.
  13. ↑ Imam Khomeini, Wilāyat al-faqīh, p. 37.
  14. ↑ Imam Khomeini, Wilāyat al-faqīh, pp. 37 & 40.
  15. ↑ Imam Khomeini, Kitāb al-bay', vol. 2, pp. 465-466.
  16. ↑ Ṣūrat-i mashrūḥ-i mudhākarāt-i shūrā-yi bāznigarī-yi qānūn-i asāsī, vol. 1, fifth session, p. 176.
  17. ↑ Imam Khomeini, Ṣaḥīfa-yi Imam, vol. 21, p. 371.
  18. ↑ Imam Khomeini, al-Rasā'il, vol. 2, p. 106.
  19. ↑ See: Al-Ḥurr al-'Āmilī, Wasā'il al-Shī'a, vol. 11, pp. 29 & 35 and vol. 18, p. 564; Al-Barqī, al-Maḥāsin, p. 93; Ibn Shu'ba al-Ḥarrānī, Tuḥaf al-'uqūl, p. 375; Al-Shaykh al-Mufīd, al-Ikhtiṣāṣ, p. 251.
  20. ↑ Nahj al-balāgha, sermon 173.
  21. ↑ (See: Al-Shaykh al-Mufīd, al-Muqni'a, pp. 41 & 675; Abu l-Ṣalāḥ al-Ḥalabī, al-Kāfī fi l-fiqh, p. 421; Ibn Idrīs, al-Sarā'ir, vol. 3, pp. 537-539.
  22. ↑ Ṣaḥīfa-yi Imam, vol. 21, pp. 177-178, 289, 292.
  23. ↑ Imam Khomeini, Kitāb al-bay', vol. 2, p. 465.
  24. ↑ See: Jawādī Āmulī, Wilāyat-i faqīh, pp. 137, 139 & 393-394.
  25. ↑ See: Ṣūrat-i mashrūḥ-i mudhākarāt-i shūrā-yi bāznigarī-yi qānūn-i asāsī, pp. 177, 194, 256, 646, 1251, 1255, 1288...
  26. ↑ See: Āqā Buzurg Tihrānī, Mīrzā-yi Shīrāzī, p. 38; Al-Shaykh 'Abbās Qummī, Fawā'id al-Raḍawiyya, vol. 2, p. 594.
  27. ↑ Al-Shaykh 'Abbās Qummī, Fawā'id al-Raḍawiyya, vol. 2, p. 594.
  28. ↑ Jawādī Āmulī, Wilāyat-i faqīh, pp. 393-394.

References

  • Al-Shaykh al-Mufīd, Muḥammad b. Muḥammad b. Nu'mān al-'Ukbari al-Baghdādī, al-Muqni'a, 2nd ed., Qom, Mu'assasat Nashr Islāmī, 1410 AH.
  • Ākhūnd al-Khurāsānī, Muḥammad Kāẓim, Kifāyat al-uṣūl, Qom, Mu'assasat Āl al-Bayt, 1st ed., 1409 AH.
  • Āshtiyānī, Mīrzā Muḥammad Ḥasan, Kitāb al-qaḍā', ed. 'Alī Akbar Zamānī-Nizhād, Qom, Zuhayr, Kungrih-yi 'Allāmah Āshtiyānī, 1st ed., 1425 AH.
  • Āqā Buzurg Tihrānī, Mīrzā-yi Shīrāzī, publisher: Idārah-yi Kull-i Irshād, 1st ed., 1362 Sh.
  • Ibn Shu'ba al-Ḥarrānī, Ḥasan b. Shu'ba al-Ḥarrānī, Tuḥaf al-'uqūl, Intishārāt-i Islāmī affiliated with the Society of Seminary Teachers of Qom, 1404 AH.
  • General Department of Cultural Affairs and Public Relations of the Islamic Consultative Assembly, Ṣūrat-i mashrūḥ-i mudhākarāt-i shūrā-yi bāznigarī-yi qānūn-i asāsī-yi Jumhūrī-yi Islāmī-yi Īrān, Tehran, 1st ed., 1369 Sh.
  • Imam Khomeini, Sayyid Rūḥ Allāh, al-Rasā'il, transcript by Mujtabā Tihrānī, Ismā'īliyān, 3rd ed., 1368 Sh.
  • Imam Khomeini, Sayyid Rūḥ Allāh, Ṣaḥīfa-yi Imam, Tehran, Mu'assasah-yi Tanẓīm wa..., 5th ed., 1389 Sh.
  • Imam Khomeini, Sayyid Rūḥ Allāh, Kitāb al-bay', Mu'assasah-yi Tanẓīm wa Nashr-i Āthār-i Imam Khomeini, 1379 Sh.
  • Imam Khomeini, Sayyid Rūḥ Allāh, Wilāyat al-faqīh, Ḥukūmat-i Islāmī (transcript of Imam Khomeini's statements), Tehran, Mu'assasah-yi Tanẓīm wa Nashr-i Āthār-i Imam Khomeini, 29th ed., 1394 Sh.
  • Al-Anṣārī, al-Shaykh Murtaḍā, al-Qaḍā' wa l-shahādāt, Qom, Manshūrāt-i Kungrih-yi Shaykh Anṣārī, 1415 AH.
  • Al-Barqī, Aḥmad b. Muḥammad b. Khālid al-Barqī, al-Maḥāsin, Qom, Dār al-Kutub al-Islāmiyya, 1371 AH.
  • Jawādī Āmulī, 'Abd Allāh, Wilāyat-i faqīh wilāyat-i faqāhat wa 'idālat, Nashr-i Markaz-i Isrā', 11th ed., 1389 Sh.
  • Al-Ḥurr al-'Āmilī, al-Shaykh Muḥammad b. Ḥasan, Wasā'il al-Shī'a ilā taḥṣīl masā'il al-sharī'a, ed. 'Abd al-Raḥīm Rabbānī Shīrāzī, Dār Iḥyā' al-Turāth al-'Arabī, Beirut, 5th ed., 1403 AH.
  • Al-Ḥalabī, Abu l-Ṣalāḥ, al-Kāfī fi l-fiqh, Riḍā Ustādī, Isfahan, Maktabat Amīr al-Mu'minīn, 1403 AH.
  • Al-Ḥillī, Ibn Idrīs, Kitāb al-sarā'ir al-ḥāwī li-taḥrīr al-fatāwā, Qom, Correction and Publication by Daftar-i Intishārāt-i Islāmī, 1411 AH.
  • Al-Shahīd al-Awwal, Muḥammad b. Makkī, al-Durūs al-shar'iyya, Qom, Mu'assasat Nashr Islāmī affiliated with the Society of Seminary Teachers of Qom, 1395 Sh.
  • Al-Shaykh al-Mufīd, Muḥammad b. Muḥammad b. Nu'mān al-'Ukbari al-Baghdādī, al-Ikhtiṣāṣ, Qom, Kungrih-yi Shaykh Mufīd, 1413 AH.
  • Qummī, al-Shaykh 'Abbās, Fawā'id al-Raḍawiyya, Qom, Būstān-i Kitāb, Intishārāt-i Daftar-i Tablīghāt-i Islāmī-yi Ḥawzah-yi 'Ilmiyyah-yi Qom, 1385 Sh.
  • Kāshif al-Ghiṭā', Muḥammad Ja'far, Kashf al-ghiṭā' 'an mubhamāt sharī'at al-gharrā', Mahdawī Isfahān, n.d.
  • Al-Karakī, al-Muḥaqqiq al-Thānī, 'Alī b. Ḥusayn, Rasā'il al-Muḥaqqiq al-Karakī, Qom, Library of Ayatollah Mar'ashi Najafi and Daftar-i Intishārāt-i Islāmī, 1st ed., 1409 AH.
  • Mujāhid Ṭabāṭabā'ī, Sayyid Muḥammad, Mafātīḥ al-uṣūl, Qom, Mu'assasat Āl al-Bayt (a), 1st ed., 1296 AH.
  • Al-Najafī, Muḥammad Ḥasan, Jawāhir al-kalām fī sharḥ sharā'i' al-Islām, ed. 'Abbās Qūchānī and 'Alī Ākhūndī, Beirut, Dār Iḥyā' al-Turāth al-'Arabī, 7th ed., 1404 AH.
  • Al-Narāqī, Aḥmad b. Muḥammad b. Mahdī, Mustanad al-Shī'a fī aḥkām al-sharī'a, Mu'assasat Āl al-Bayt li-Iḥyā' al-Turāth, Holy Mashhad, 1st ed., 1419 AH.
  • Al-Narāqī, Mullā Aḥmad, 'Awā'id al-ayyām fī bayān qawā'id al-aḥkām wa muhimmāt masā'il al-ḥalāl wa l-ḥarām, Qom, Daftar-i Tablīghāt-i Islāmī-yi Ḥawzah-yi 'Ilmiyyah-yi Qom, 1st ed., 1417 AH.
  • Yazdī Ṭabāṭabā'ī, Sayyid Muḥammad Kāẓim, al-'Urwat al-wuthqā fīmā ta'umm bihī al-balwā (al-Muḥashshā), ed. Aḥmad Muḥsinī Sabziwārī, Qom, Daftar-i Intishārāt-i Islāmī, 1st ed., 1420 AH.
Retrieved from "https://en.wiki.khomeini.ir/w/index.php?title=A%27lamiyya_of_Wali_al-Faqih&oldid=512"